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Articles 151 - 180 of 456
Full-Text Articles in Constitutional Law
Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López
Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López
Cardozo Law Review
No abstract provided.
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Cardozo Law Review
No abstract provided.
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Cardozo Law Review
No abstract provided.
The Four Pillars Of Constitutional Doctrine, Suzanna Sherry
The Four Pillars Of Constitutional Doctrine, Suzanna Sherry
Cardozo Law Review
No abstract provided.
"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain
Cardozo Law Review
No abstract provided.
Political Party Restrictions And The Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner
Political Party Restrictions And The Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner
Cardozo Law Review
No abstract provided.
No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman
No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman
Cardozo Law Review
No abstract provided.
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Cardozo Law Review
No abstract provided.
Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam
Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam
Cardozo Law Review
No abstract provided.
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Cardozo Law Review
No abstract provided.
Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler
Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler
Cardozo Law Review
No abstract provided.
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Cardozo Law Review
"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular - Israel and the United States - have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda - particularly in the border areas …
Suspicionless Laptop Searches Under The Border Search Doctrine: The Fourth Amendment Exception That Swallows Your Laptop, Ari B. Fontecchio
Suspicionless Laptop Searches Under The Border Search Doctrine: The Fourth Amendment Exception That Swallows Your Laptop, Ari B. Fontecchio
Cardozo Law Review
No abstract provided.
Islamic Headscarves And Slippery Slopes, Murat Borovali
Islamic Headscarves And Slippery Slopes, Murat Borovali
Cardozo Law Review
No abstract provided.
Secular Constitutionalism Vindicated, Frances Raday
Secular Constitutionalism Vindicated, Frances Raday
Cardozo Law Review
No abstract provided.
Acknowledgements, Michel Rosenfeld
Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann
Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann
Cardozo Law Review
No abstract provided.
Why The French Laïcité Is Liberal, Patrick Weil
Why The French Laïcité Is Liberal, Patrick Weil
Cardozo Law Review
No abstract provided.
Sovereignty And Laïcité, Michel Troper
The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens
The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens
Cardozo Law Review
No abstract provided.
Are Secularism And Neutrality Attractive To Religious Minorities? Islamic Discussions Of Western Secularism In The "Jurisprudence Of Muslim Minorities" (Fiqh Al-Aqalliyyat) Discourse, Andrew F. March
Cardozo Law Review
No abstract provided.
Religious Revival And Pseudo-Secularism, Guy Haarscher
Religious Revival And Pseudo-Secularism, Guy Haarscher
Cardozo Law Review
No abstract provided.
The Spoils System In Check? Public Employees' Right To Political Affiliation & The Balkanized Policymaking Exception To § 1983 Liability For Wrongful Termination, Christopher V. Fenlon
The Spoils System In Check? Public Employees' Right To Political Affiliation & The Balkanized Policymaking Exception To § 1983 Liability For Wrongful Termination, Christopher V. Fenlon
Cardozo Law Review
No abstract provided.
Loyalty Testing For Attorneys: When Is It Necessary And Who Should Decide?, Mary Elizabeth Basile
Loyalty Testing For Attorneys: When Is It Necessary And Who Should Decide?, Mary Elizabeth Basile
Cardozo Law Review
The concept of loyalty has been manipulated to mean different things with respect to the profession of law depending on the political climate brought about by national crises throughout the history of this country. An attorney's loyalty to his country has referred to more than mere allegiance and support of the laws of the sovereignty in that it has been understood to concern specified beliefs, doctrines, and associations. It has been tested through the imposition of loyalty oaths from the colonial days through the Civil War and Cold War, to the current post-September 11 era in which the government's emphasis …
Protecting The Right To Marital Property: Ensuring A Full Equitable Distribution Award With Fraudulent Conveyance Law, Benjamin M. Ellis
Protecting The Right To Marital Property: Ensuring A Full Equitable Distribution Award With Fraudulent Conveyance Law, Benjamin M. Ellis
Cardozo Law Review
No abstract provided.
Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr
Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr
Cardozo Law Review
No abstract provided.
A Response To Professor Greenawalt, Marci A. Hamilton
A Response To Professor Greenawalt, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
Cardozo Law Review
This Article responds to the numerous critics of Daniel J Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000). Under Seidmann and Stein's theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense of those innocents who cannot corroborate their true accounts. The right to …
Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo
Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo
Cardozo Law Review
The Supreme Court's limitation of the privilege against self-incrimination to evidence of a testimonial nature has been controversial. The doctrinal reliance on a distinction between physical and testimonial evidence has proven difficult to apply in practice, and it has been criticized as being descriptively inaccurate, analytically incoherent, and normatively indefensible. This article offers a defense of the distinction on epistemological grounds. The philosophical focus on testimony as a source of knowledge provides some insight into what makes testimony distinct as an epistemic source. These considerations are used to provide a coherent and principled way to distinguish what evidence to treat …
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan Klein
Cardozo Law Review
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.